Opinion
851
April 25, 2002.
Judgment, Supreme Court, New York County (Herbert Adlerberg, J. on dismissal motion; Michael Obus, J. at jury trial and sentence), rendered August 1, 2000, convicting defendant of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 4½ to 9 years, unanimously affirmed.
Grace Vee, for respondent.
Len Plotkin, for defendant-appellant.
Before: Mazzarelli, J.P., Saxe, Sullivan, Wallach, Lerner, JJ.
Counsel's failure to effectuate defendant's right to testify before the Grand Jury did not constitute ineffective assistance. Contrary to defendant's arguments, there is no basis upon which to distinguish this case from People v. Wiggins ( 89 N.Y.2d 872). Defendant's claim of prejudice is far-fetched and speculative.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.